prior to 1149, and that it was merely confirmed in that year. At Spire a gild of the wool-weavers existed at the beginning of the twelfth century; there is mention of one at Mayence in 1099, and at Worms in 1114; while at Frankfort-on-Maine the wool-weavers ranked first among the crafts. In Flanders and Brabant, which occupied the first rank in the manufacture of woollen goods, the wool-weavers' gild was still more influential and prominent, where it appears as almost the sole leader in all the movements and revolutions of the handicraft class. Even the serfs seem here to have confederated into gilds; so deeply did the old idea of gild brotherhoods permeate the inhabitants of these independent provinces, that it has been supposed that the first craft-gilds originated with the industrious and stubborn weavers of these provinces.

$84. The first craft-gilds which were formed, were composed of the free handicraftsmen, with the object of promoting their interests, and improving their condition; but the influence of this new organisation soon had the effect of assisting to elevate the lower members of the handicraft class. When the bond handicraftsmen were liberated, many of the companies, or societies into which they had been ranged, gradually passed over into free craft-gilds; hence they appear everywhere in greater numbers, about the time when the last traces of feudal bondage disappear. When these obtained their privileges they were frequently compelled to pay certain fixed imposts in return for their greater independence in labour and trade, and for the remission of fines on inheriting property-to which their lords, episcopal and lay, were entitled-and for other concessions. These imposts

were levied on a kind of ad valorem principle; in proportion to the privileges obtained so they were greater or less. As these societies gradually changed into craft

gilds, they became impregnated with a different spirit, and were elevated into a new life, with higher objects and nobler aims. The origin of the craft-gilds, and the conversion of the societies of bondmen into free gilds began with the dawn of the eleventh century, and extended to the middle of the thirteenth century, but the growth of certain of these gilds depended entirely on the development of the various trades and handicrafts in the several towns. Some analogy has been traced between the transformation of the societies of bondmen into free craft-gilds, and the change, in later times, of friendly societies into trade unions; making due allowance for altered circumstances and conditions there may be some slight resemblance, but it is not very striking.

§ 85. The organisation of the free craftsmen into gilds was due to their want of protection against the abuse of power on the part of the lords and full citizens of the towns, who were trying to reduce them to dependence, and by imposts and otherwise to encroach on their earnings. By the institution of the craft-gild they were able to resist these attempts on their liberties, and the gild brothers, by means of their organisation, maintained the customs of their craft, framed ordinances for its regulation, saw that these were properly executed, and punished those who infringed them. To effect all this it was necessary that all the craftsmen in the town should belong to the gild; but as in the first instance they were voluntary societies, they could not enforce their regulations in a legitimate manner until the gild had been confirmed by the lord of the town, or the general body of the citizens. The craft-gild as voluntary society did not need confirmation by the authorities, but as in course of time some craftsmen sprung up who refused to be governed by the gild, or who left it because they would not submit to the rules

which were framed for insuring good work and protecting the general interests of the trade; and as it was impossible to prevent this, or to check the evils which were likely to arise therefrom, it became of the first importance that the confirmation of the gild should be obtained, especially when they wanted to be recognised as special and independent associations, which were thenceforth to regulate the trade of the town instead of the citizen authorities. This power once granted they well knew that all further protective measures would be sure to follow.

§ 86. The great object of the craft-gild was to effect the transfer of all trade matters to the management, and under the jurisdiction of the gild; this could only be done by obtaining a confirmation of their ordinance which gave them power to prevent anyone carrying on trade within the town or district, unless he belonged to or joined the gild. In return for this privilege the gild had to pay certain taxes yearly. In London these taxes went to the king; the London weavers under Henry I. (1100-1133) and succeeding kings, paid to the Crown a rent for their gild, and eighteen gilds are enumerated by Madox which were fined a penalty under Henry II. (1154-1189), as being unlawful for neglecting to pay this tax. The citizen burghers saw that if these privileges were conferred on the craft-gilds, the consequence would be that their own undivided sway could no longer be maintained in the towns; they were therefore extremely jealous of the new power which had sprung up in their midst and threatened their own jurisdiction, and hence they opposed with all their might the establishment of the craft-gilds as being detrimental to their own interests. The whole of the early history of these gilds, from the date of their first formation down to the time when they obtained the mastery in the fourteenth and fifteenth

centuries, appears to have been nothing less than one continual struggle of the handicraftsmen with the citizens of the towns for these coveted privileges.

§ 87. The Norman kings appear to have looked at these contests between the craftsmen and the citizens only as a means of enriching their exchequer, for they seem to have confirmed or suppressed the gilds according as the one party or other was the highest bidder. This was their method of adjusting the claims or reconciling the conflicting interests of the two contending parties. The contest of the weavers with the citizens of London affords a striking example of the struggles between the rising craft-gilds and the old city burghers. The weavers had obtained from Henry I. the privilege that 'nobody, except by becoming a member of their gild, shall introduce himself within the city into their mystery, and nobody within Southwark or other places belonging to London, except he be a member of their gild:' this was confirmed to them by Henry II. This exemption from the authority and jurisdiction of the city excited the jealousy of the citizens to such a degree, that the weavers' gild was involved in the most violent contests in order to maintain their privileges and preserve their property. King John, in answer to the prayer of the citizens, promised 'that the gild of weavers shall not from henceforth be in the city of London, neither shall (it) be at all maintained,' but as the weavers' gild had been accustomed to pay the king eighteen marks per annum, the citizens 'should pay twenty marks in money for a gift' instead. In the sixth year of the reign of Henry III. (1221-1222), the weavers' gild and the citizens of London were again engaged in strife. Madox relates that 'the weavers of London fearing that the mayor and the citizens of London should extort from them their charter and liberties granted to them by

King Henry II., delivered their charter into the exchequer to be kept in the treasury there, and to be delivered to them again when they should want it, and afterwards to be laid up in the treasury.' In 14 Edward II. (1320-1321) we find the weavers still contending with the citizens for their privileges, but in this case it was in a court of justice. They had to answer a complaint of having transgressed and abused their privileges, and they had to prove their right to have a gild, as well as the legality of every single ordinance framed by them for the regulation of their trade. Their privileges, however, could not be impugned as a whole, but several regulations were pointed out which had crept in after the grant of their charter. These contests were not confined to London, for we find that the tailors' gild at Exeter is engaged in a similar struggle with the authorities of the town. The charter of this gild was granted in 6 Edward IV., but in consequence of a petition of the mayor and corporation of the town, it was repealed in the twenty-second year of the same reign; and yet we find the gild still going on and prospering, and exercising all the powers contained in the charter, just as if the Act had not passed. The reason seems to be that the quarrel was made up between the corporation and the gild, both treating the Act of Parliament as a nullity. Certain it is that the gild and the corporation flourished side by side, and on the best of terms, as though no such quarrel ever existed. The charter was renewed and confirmed again and again in succeeding reigns, and new ordinances and bye-laws were made, which were sanctioned by the judges in due form of law. The charter of Edward IV., the account of the quarrel between the gild and the

corporation, and the king's award, are given at length

in Mr. Toulmin Smith's collection,

English Gilds,'